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Defamation claims

Reputation management for businesses and individuals

Your organisation’s brand and its reputation are valuable assets, but they are also vulnerable to attack from many different sources, like competitors, the media, disgruntled employees, dissatisfied customers and protestors. And in the age of the internet and social media, it’s all too simple for someone to go online and cause immeasurable commercial and reputational damage.

When something potentially damaging is said about your business, or you find yourself accused of defamation, it can be hard to be objective. That is why it is vital to obtain legal advice on the nature and strength of the case, before taking further action.

Clarke Willmott has a team of experienced defamation and reputation management solicitors who understand that these issues are often business critical. They will always advise you promptly on the best course of action and the most appropriate remedial action to protect your business and reputation.

Talk to our team

If you believe that false or defamatory comments have damaged your business reputation, we may be able to assist. Contact a member of our team today.

Call 0800 652 8025 Send us an enquiry

What is defamation?

Defamation is any spoken or written statement deemed harmful to the reputation of a business, which is then proved to be false. Written defamation is referred to as ‘libel’, spoken defamation as ‘slander’. The difference between the two is important because libel and slander have different requirements as to what a claimant must prove.

Defamation claims

Defamation law is designed to protect and compensate individuals and business from having their character and reputation improperly damaged by untrue defamatory statements.  This might include, for example, false statements about incompetence or lack of skill, product or service quality, misconduct or mismanagement or unethical or immoral behaviour.

Broadly, to succeed in a claim for defamation the statement complained of must be shown to:

  • be defamatory (in the sense that an ordinary person would think worse of the claimant as a result of the statement);
  • identify or refer to the claimant; and
  • be published to a third party.

It must also be proven that the statement caused, or is likely to cause, serious harm to the claimant’s reputation. Where an entity is trading for profit, the serious harm to its reputation needs to have caused, or be likely to cause, serious financial loss. This will be determined by reference to actual facts considering the impact of the statement.

Defences which can lead to a claim being unsuccessful commonly include:

  • Truth
  • Honest opinion
  • Publication on a matter of public interest
  • Privilege
  • Innocent dissemination

Suing for false or defamatory comments

Our experienced team of defamation solicitors are skilled in advising claimants on how best to protect their reputations.

We can advise on all aspects of reputation management including defamation (libel or slander), malicious falsehood, privacy, harassment, misuse of private information, breach of confidence, data protection and intellectual property infringement.

We support our clients throughout their reputational crises. We provide thorough guidance on all the options, focussing on strategy and risk. Our advice is always pro-active, practical and decisive.

Where there is advance notice of potentially damaging material, whether in traditional or online media, we will promptly intervene to try to prevent publication or minimise its impact, for example, by giving warnings of legal consequences for publishing false information and, where appropriate, negotiating a right to respond alongside the proposed publication. Where damaging material is already in the public domain, we can seek remedies on your behalf including dealing with the removal or ‘take down’ of the content, an injunction to prevent further publication and damages. Frequently, we secure the removal of content, an apology and compensation through negotiation. If formal proceedings are necessary, our litigators will provide comprehensive guidance throughout the process.

We understand that the situations our clients face can sometimes attract the interest of the media. We can assist with preparing responses to the media as well as preparing internal and external communications.

If you believe that false or defamatory comments have damaged your business reputation, causing a financial loss or loss of future revenue, you may want to claim for compensation. You can also seek an injunction to prevent further publication of the defamatory comments.

Malicious falsehood

An action in malicious falsehood is also often brought with a defamation claim. Both defamation and malicious falsehood concern the publication of false statements but to succeed in a malicious falsehood claim there is no requirement to prove damage to reputation.

John Flint’s knowledge is razor sharp and he is ruthlessly efficient. His advice is precise, clear and risks are fully explained. You are in good hands with him representing your case.

– The Legal 500, 2023

David Stedman is a very good partner. He is a safe pair of hands to run an important piece of litigation. He very much understands the client’s needs.

– The Legal 500, 2024

Louise Goodwin – superb eye for detail and very hardworking. I have been so impressed with Louise’s timely action, her insights, and seemingly endless energy.

– The Legal 500, 2023

I cannot thank them enough for their unwavering support and professionalism throughout. They truly care/cared and kept me steady throughout my hard fought litigation. Needless to say we won and I am very appreciative of all their excellent hard work.

– The Legal 500, 2024

Examples of our work

  • Acting for the former Director of a premiership football club who had been publicly defamed by the new owner in a high-profile defamation case (Levi v Bates 2008). The case proceeded to a 2-week trial in the RCJ and our client recovered substantial damages.
  • Representing a Turkish and German mega-yacht builder in a High Court defamation case involving a complex series of interlocking contracts for the building of 4 luxury mega-yachts. The defamation action in the High Court which included a claim for special damages in excess of €135m.

Contact a defamation and reputation management solicitor today

Our specialist defamation and reputation management solicitors based in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton, are ready to discuss your case. Call a member of our team on 0800 652 8025 or get in touch online.

Your key contacts

John Flint

Partner

Manchester
John Flint is a Partner in Clarke Willmott’s commercial & private client litigation team, specialising in defamation and reputational management as well as director, shareholder and partnership disputes.
View profile for John Flint >

David Stedman

Partner

Bristol
David Stedman is a Partner. He advises in a range of disputes including professional negligence, breach of contract, partnership disputes, misrepresentation, breach of confidence and claims for defamation.
View profile for David Stedman >

Louise Goodwin

Partner

Manchester
Louise Goodwin is a Partner in Clarke Willmott’s commercial & private client litigation team, advising on all areas of dispute resolution from defamation and reputational management to encompassing injunctive proceedings.
View profile for Louise Goodwin >

Tamara Reynolds

Solicitor

Bristol
is a Solicitor in Clarke Willmott’s Bristol commercial litigation team. Tamara advises on a range of commercial disputes, including defamation and reputational management, classic car disputes, breach of contract, debt recovery, business disputes, misrepresentation, product liability and professional negligence.
View profile for Tamara Reynolds >

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